Part 2Leasing land

Chapter 3Agricultural holdings

Assignation in relation to 2003 Act tenancies

18Assignation of modern limited duration tenancy

(1)

The Agricultural Holdings (Scotland) Act 2003 is modified as follows.

(2)

In section 7B (assignation of modern limited duration tenancies)—

(a)

in subsection (2), after “assignee” insert “(including the proposed assignee’s relationship to the tenant)”,

(b)

in subsection (5)(a), for “of the notice” substitute “on which the notice is given”,

(c)

in subsection (6), for “30 days of the giving of the notice” substitute “the period of 28 days beginning with the date on which the notice is given”,

(d)

in subsection (8), for paragraphs (a) to (m) substitute—

“(aa)

a tenant’s parent,

(ab)

in relation to a tenant’s child—

(i)

that child,

(ii)

that child's spouse or civil partner,

(iii)

a descendant of that child,

(ac)

in relation to a tenant’s sibling—

(i)

that sibling,

(ii)

that sibling’s spouse or civil partner,

(iii)

a descendant of that sibling,

(ad)

in relation to a tenant’s spouse or civil partner—

(i)

that spouse or civil partner,

(ii)

that spouse or civil partner’s sibling,

(iii)

a descendant of that sibling.”,

(e)

after that subsection insert—

“(9)

For the purpose of subsection (8)—

(a)

a reference to a spouse or civil partner of a person (“person A”) includes, where person A has died, a reference to a person who was the spouse or civil partner of person A immediately prior to person A’s death,

(b)

a step-child of a person is to be treated as being the same as a child of a person.”.